债权物权的严格区分作为德国民法典体系构建的基础脉络之一,自我国清末改制继受德国法起,一直是作为一种“先知”存在于多数学者的知识体系之中的。然而,近些年,随着越来越多的性质“模糊”的民事权利的出现,如股权、证券化的权利等等,不少学者开始怀疑“物权债权严格区分”理论的合理性。笔者将以物权概念为切入点,阐述此问题。 As a basis for the construction of the German civil code system, since the reform of our country in the late Qing dynasty, which has been subject to German law, has always existed as a “prophet” in the knowledge system of most scholars. However, in recent years, with the emergence of more and more “fuzzy” civil rights, such as stock rights and the right of securitization, many scholars have begun to doubt the theory of “strict distinction of real rights and claims” rationality. The author will use the concept of real estate as a starting point to elaborate on this issue.